Issue:
Several years ago a Judicial Official, at the
request of the co-author of a hornbook on a
particular area of Connecticut law, wrote a prologue
to the hornbook. The prologue basically provides a
general description of how a judge views that
particular field of law. In the prologue, the
Judicial Official made some very laudatory remarks
about the other co-author, who is a partner in a law
firm that handles a significant number of cases
involving the subject matter of the book, and also
described the hornbook as having been for years the
authoritative source on its subject. The Judicial
Official inquired whether, if either of the
co-authors or members of their respective firms
appear before the Judicial Official, he or she is
outright disqualified from hearing the case or,
alternatively, is obligated to disclose to all
parties that he or she wrote the prologue.

Response:
Based upon the facts presented, the Committee
members present unanimously concluded that Canon 3ís
objective test for disqualification did not require
the Judicial Official to disqualify himself or
herself automatically when either co-author or
members of his or her respective law firm should
appear before the Judicial Official provided that
the Judicial Official has determined that he or she
can be impartial. Canon 2ís directive to act in a
manner that promotes public confidence in the
integrity and impartiality of the judiciary,
however, requires the Judicial Official to disclose
his or her authorship of the prologue to all
appearing counsel/parties when either of the
co-authors or members of their respective firms
appear before the Judicial Official. If a party or
counsel thereafter moves to disqualify the Judicial
Official based upon the disclosure, the Judicial
Official, after considering the facts, law and
argument of counsel, must exercise his or her
discretion in deciding whether to grant the motion.
Issues to consider in determining such a recusal
motion include, but are not necessarily limited to,
the nature of the proceeding or docket, whether
reference to or reliance upon the hornbook is
foreseeable, whether the Judicial Official is the
sole decision maker (i.e. whether the matter is to
the court or a jury) and whether self-represented
parties or lawyers are involved.